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52338 Federal Register / Vol. 72, No.

177 / Thursday, September 13, 2007 / Proposed Rules

filing comments with the FCC, § 73.202 [Amended] comments on or before November 6,
interested parties should serve the 2. Section 73.202(b), the Table of FM 2007.
Petitioner’s counsel, as follows: Jeffrey Allotments under Illinois, is amended
L. Timmons, Esquire, 1400 Buford by removing Channel 292A and by ADDRESSES: Federal Communications
Highway, Suite G–5, Sugar Hill, Georgia adding Channel 252A at Cuba. Commission, Washington, DC 20554. In
30518–8727. addition to filing comments with the
Federal Communications Commission.
FCC, interested parties should serve the
FOR FURTHER INFORMATION CONTACT: John A. Karousos, designated petitioner as follows: Earnest
Helen McLean, Media Bureau, (202) Assistant Chief, Audio Division, Media R. Hopseker, Member and Manager,
418–2738. Bureau. Radio Beam, LLC, 4524 132nd Avenue,
SUPPLEMENTARY INFORMATION: This is a [FR Doc. E7–17866 Filed 9–12–07; 8:45 am] SE., Bellevue, Washington 98006.
summary of the Commission’s Notice of BILLING CODE 6712–01–P
FOR FURTHER INFORMATION CONTACT:
Proposed Rule Making, MB Docket No.
Deborah A. Dupont, Media Bureau (202)
07–175, adopted August 22, 2007, and
FEDERAL COMMUNICATIONS 418–7072.
released August 24, 2007. The full text
of this Commission decision is available COMMISSION
SUPPLEMENTARY INFORMATION: This is a
for inspection and copying during 47 CFR Part 73 synopsis of the Commission’s Notice of
normal business hours in the Proposed Rule Making, MB Docket No.
Commission’s Reference Center, 445 [DA 07–2855; MB Docket No. 07–124; RM– 07–124, adopted June 27, 2007, released
Twelfth Street, SW., Washington, DC 11378] June 29, 2007, and corrected August 31,
20554. This document may also be 2007. The full text of this Commission
Radio Broadcasting Services; Dallas
purchased from the Commission’s decision is available for inspection and
and Waldport, OR
duplicating contractors, Best Copy and copying during normal business hours
Printing, Inc., 445 12th Street, SW., AGENCY: Federal Communications in the FCC Reference Information Center
Room CY–B402, Washington, DC 20554, Commission. (Room CY–A257), 445 12th Street, SW.,
telephone 1–800–378–3160 or http:// ACTION: Proposed rule. Washington, DC 20554. The complete
www.BCPIWEB.com. This document text of this decision may also be
does not contain proposed information SUMMARY: This document sets forth a purchased from the Commission’s copy
collection requirements subject to the proposal to amend the FM Table of contractor, Best Copy and Printing, Inc.,
Paperwork Reduction Act of 1995, Allotments, Section 73.202(b) of the 445 12th Street, SW., Room CY–B402,
Public Law 104–13. In addition, Commission’s rules, 47 CFR 73.202(b). Washington, DC 20554, (800) 378–3160,
therefore, it does not contain any The Commission requests comment on or via the company’s Web site, http://
proposed information collection burden a petition filed by Radio Beam, LLC. www.bcpiweb.com. This document does
‘‘for small business concerns with fewer Petitioner proposes the allotment of not contain proposed information
than 25 employees,’’ pursuant to the Channel 253A at Waldport, Oregon, as collection requirements subject to the
Small Business Paperwork Relief Act of a first local service. In order to Paperwork Reduction Act of 1995,
2002, Public Law 107–198, see 44 U.S.C. accommodate the proposed allotment, Public Law 104–13. In addition,
3506(c)(4). petitioner further requests the therefore, it does not contain any
substitution of noncommercial proposed information collection burden
The Provisions of the Regulatory
educational Channel 236C3 for vacant ‘‘for small business concerns with fewer
Flexibility Act of 1980 do not apply to
noncommercial educational Channel
this proceeding. Members of the public than 25 employees,’’ pursuant to the
252C3 at Dallas, Oregon. In order to
should note that from the time a Notice Small Business Paperwork Relief Act of
accommodate those two proposed
of Proposed Rule Making is issued until 2002, Public Law 107–198, see 44 U.S.C.
changes in the FM Table of Allotments,
the matter is no longer subject to 3506(C)(4).
petitioner also proposes the substitution
Commission consideration or court of Channel 252C3 for Channel 236C3 at The Provisions of the Regulatory
review, all ex parte contacts are Monmouth, Oregon, and the Flexibility Act of 1980 do not apply to
prohibited in Commission proceedings, modification of the license for Station this proceeding. Members of the public
such as this one, which involve channel KSND (FM) accordingly. Channel 253A should note that from the time a Notice
allotments. See 47 CFR 1.1204(b) for can be allotted at Waldport in of Proposed Rule Making is issued until
rules governing permissible ex parte compliance with the Commission’s the matter is no longer subject to
contact. minimum distance separation Commission consideration or court
For information regarding proper requirements with a site restriction of review, all ex parte contacts are
filing procedures for comments, see 47 8.3 km (5.2 miles) north of Waldport. prohibited in Commission proceedings,
CFR 1.415 and 1.420. The proposed coordinates for Channel such as this one, which involve channel
List of Subjects in 47 CFR Part 73 253A at Waldport are 44–30–06 North allotments. See 47 CFR 1.1204(b) for
Latitude and 124–04–30 West rules governing permissible ex parte
Radio, Radio broadcasting. Longitude. Channel 236C3 can be contacts.
For the reasons discussed in the allotted at Dallas in compliance with the For information regarding proper
preamble, the Federal Communications Commission’s minimum distance filing procedures for comments, see 47
Commission proposes to amend 47 CFR separation requirements with a site CFR 1.415 and 1.420.
part 73 as follows: restriction of 16.9 km (10.5 miles)
southwest of Dallas. The proposed List of Subjects in 47 CFR Part 73
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PART 73—RADIO BROADCAST coordinates for Channel 236C3 at Dallas


are 44–50–43 North Latitude and 123– Radio, Radio broadcasting.
SERVICES
30–07 West Longitude. See For the reasons discussed in the
1. The authority citation for part 73 SUPPLEMENTARY INFORMATION infra. preamble, the Federal Communications
continues to read as follows: DATES: Comments must be filed on or Commission proposes to amend 47 CFR
Authority: 47 U.S.C. 154, 303, 334, 336. before October 22, 2007, and reply part 73 as follows:

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Federal Register / Vol. 72, No. 177 / Thursday, September 13, 2007 / Proposed Rules 52339

PART 73—RADIO BROADCAST the disposition of rehabilitated stranded (APA) and the National Environmental
SERVICES marine mammals. NMFS intends to Policy Act (NEPA).
streamline and clarify general The APA is the law under which
1. The authority citation for part 73 permitting requirements and federal regulatory agencies, including
continues to read as follows: requirements for scientific research and NMFS, create the rules and regulations
Authority: 47 U.S.C. 154, 303, 334, 336. enhancement permits, simplify necessary to implement and enforce
procedures for transferring marine major legislative acts such as the MMPA
§ 73.202 [Amended] mammal parts, possibly apply the and ESA. Under the APA, NMFS is
2. Section 73.202(b), the Table of FM General Authorization (GA) to research required to publish in the Federal
Allotments under Oregon, is amended activities involving Level A harassment Register descriptions of rules of
by removing Channel *252C3 and by of non-ESA listed marine mammals, and procedure, substantive rules of general
adding Channel *236C3 at Dallas, and implement a ’permit application cycle’ applicability, and make available to the
adding Channel 253A at Waldport. for application submission and public statements of policy and
Federal Communications Commission. processing of all marine mammal interpretation, administrative staff
John A. Karousos, permits. NMFS intends to write manuals and instructions. NEPA
Assistant Chief, Audio Division, Media regulations for photography permits and requires Federal agencies to integrate
Bureau. is considering whether this activity environmental values into their decision
[FR Doc. E7–17892 Filed 9–12–07; 8:45 am] should be covered by the GA. Any other making processes by considering the
BILLING CODE 6712–01–P
recommendations received in response environmental impacts of their
to this ANPR regarding regulations at 50 proposed actions and reasonable
CFR part 216 will be considered prior to alternatives to those actions. The
DEPARTMENT OF COMMERCE proposed rulemaking. requirements of NEPA apply to NMFS
DATES: Written comments must be ‘‘decision-making process’’ for issuance
National Oceanic and Atmospheric received at the appropriate address or of permits. The NOAA Administrative
Administration facsimile (fax) number (see ADDRESSES) Order No. 216–6 (NAO 216–6),
no later than 5 p.m. local time on Environmental Review Procedures for
50 CFR Part 216 November 13, 2007. Implementing the National
ADDRESSES: Written comments should Environmental Policy Act, is also an
[Docket No. 070809454–7459–01]
be sent to: Chief, Permits, Conservation agency guidance document for applying
RIN 0648–AV82 and Education Division, Attn: Permit the requirements of NEPA to agency
Regulations ANPR, Office of Protected actions, including permit issuance.
Marine Mammals; Advance Notice of The following paragraphs provide
Resources, NMFS, 1315 East-West
Proposed Rulemaking some possible regulatory changes being
Highway, Room 13705, Silver Spring,
AGENCY: National Marine Fisheries MD 20910. considered by NMFS. The changes
Service (NMFS), National Oceanic and Comments may also be submitted by being considered are found in 50 CFR
Atmospheric Administration (NOAA), facsimile at (301)427–2521, provided part 216, most in subpart D, although
Commerce. the facsimile is confirmed by hard copy comments or recommendations
submitted by mail and postmarked no regarding any of the subparts will be
ACTION: Advance notice of proposed
later than the closing date of the considered. The sections identified are
rulemaking (ANPR); request for either followed by recommendations
comments. comment period.
Comments may also be submitted by from NMFS on possible alternatives or
SUMMARY: NMFS is considering e-mail. The mailbox address for changes to the current language, or a
proposing changes to its implementing providing e-mail comments is general solicitation by NMFS to the
regulations, and criteria governing the NMFS.Pr1Comments@noaa.gov. Include public for comments pertaining to that
issuance of permits for scientific in the subject line of the e-mail section. Several of the regulatory
research and enhancement activities comment the following document changes would require an amendment
under section 104 of the Marine identifier: Permit Regulations ANPR, or or change to the MMPA before
Mammal Protection Act (MMPA), and is The Federal e-Rulemaking Portal: implementation could be effective.
soliciting public comment to better http://www.regulations.gov.
Part 216, Regulations Governing the
inform the process. Permits to take FOR FURTHER INFORMATION CONTACT: Taking and Importing of Marine
marine mammal species are governed by Amy Sloan, Fishery Biologist, Office of Mammals
the MMPA and NMFS implementing Protected Resources, NMFS, at (301)
regulations at 50 CFR part 216. For 713–2289. Subpart A - Introduction
threatened and endangered marine SUPPLEMENTARY INFORMATION: NMFS has NMFS does not have any
mammal species, permits are also authority, delegated from the Secretary recommended changes for § 216.1
governed by the Endangered Species of Commerce, to issue permits for (Purpose) or 216.2 (Scope). Do either of
Act (ESA) and 50 CFR part 222. On May research and enhancement activities these sections require further
10, 1996, a final rule was published under Section 104 of the MMPA (16 consideration or clarification?
establishing requirements for issuing U.S.C. 1361 et seq.) and section § 216.3 Definitions: Are there existing
permits to take, import, or export 10(a)(1)(A) of the ESA (16 U.S.C. 1531 definitions relevant to the marine
marine mammals (including endangered et seq.). Permits to take marine mammal mammal permitting process that need
and threatened marine mammals) and species are governed by the MMPA, clarification? Are there any other
ebenthall on PRODPC61 with PROPOSALS

marine mammal parts under NMFS ESA, and NMFS implementing definitions that need clarification, or
jurisdiction for purposes of scientific regulations at 50 CFR parts 216 and 222. definitions that need to be added to
research and enhancement, As a Federal agency, issuance of permits these regulations?
photography, and public display (for by NMFS is also governed by the Are there any other sections in
captures and initial imports), and procedural requirements and provisions Subpart A whose language requires
providing procedures for determining of the Administrative Procedure Act further consideration or clarification?

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